Portland Medical Malpractice Lawyer

Proving that the standard of practice was not met is only the first of many steps in a malpractice lawsuit. If you can prove that the doctor acted unreasonably, the next step is proving causation.

If you can prove that the doctor acted unreasonably, the next question is whether you can show that this unreasonable care caused your harm or injury.  For example, it might have been unreasonable for the doctor to refuse to order a certain test, but if the correct diagnosis was timely made anyway (without the test), then the failure to order the test did not cause any harm.

Finally, to succeed with a medical case, you must be able to prove the extent of the damages you suffered because of the doctor’s unreasonable care.  These damages may include additional medical expenses, time out of work, and intangible losses, such as pain, suffering and emotional distress, lost enjoyment of life and permanent impairment.

• Cerebral Palsy (Hypoxic Ischemic Encephalopathy)
• Neonatal Death
• Maternal Death

• Cauda Equina Syndrome
• Epidural Abscess
• Epidural Hematoma
• Surgical spinal cord injury

• Pneumonia
• Septic Joint
• Meningitis
• Osteomyelitis
• Viral or Fungal Infection

• Deep Vein Thrombosis (DVT)
• Pulmonary Embolism
• Arterial Clots

• Limb ischemia
• Gangrene

• Aortic Aneurysm
• Peritonitis
• Bowel Obstruction
• Mesenteric ischemia

• Biliary surgery
• Gall Bladder Surgery
• Joint replacement surgery
• Wrong-sided
• Surgical complications

• Surgical Sponge
• Surgical Device

• Missed or unreported imaging finding

• Failure to test
• Failure to refer
• Lack of follow up on emergency or specialist care

• Missed heart attack or acute coronary syndrome
• Heart-valve infection (endocarditis)

• Plaquenil (Hydroxychloroquine) toxicity
• Laser surgery
• Detached retina

• Neglect and abuse
• Pressure ulcers, wound infection
• Unsupervised falls

• Failure to communicate test result
• Failure to communicate with doctor, specialist or patient
• Inaccurate or incomplete medical-record documentation

• Allergies
• Wrong prescription or dosage
• Dangerous drug interactions
• Overdose

Our process begins with the very first telephone call, which typically lasts 30-60 minutes.  During that call, you will have the opportunity to speak directly to Ben or Taylor and explain what you know about the medical care and issues involved in the case.  Ben or Taylor will ask lots of questions.  We will ask for information about the doctors and hospitals, dates of medical treatment and an overview of what happened.

If we believe there is a possible case, we will make arrangements to gather all of the medical records and diagnostic imaging needed to review the case.

We will review your medical records carefully to determine if the medical care was negligent and caused substantial harm.

We will meet with you to review our detailed evaluation and recommendations for the case.

Important:  We do not accept every case.  We will only accept a medical malpractice case if we believe the evidence supports the case.  But even if we don’t accept the case, we will provide you with a clear explanation for our reasoning and answers to your questions about the medical care involved.

If we recommend moving forward with the case, we will locate and retain highly qualified medical specialists to testify in support of your case.

Victims of medical malpractice in Maine can file a lawsuit against any medical care provider. This includes:

• Nurses
• Emergency room doctors
• Surgeons
• Mental health care professionals
• Physical therapists
• Other medical professionals

You cannot sue an entire medical team, such as a surgical team. Typically, the primary provider is responsible for negligence. However, you can sue an entity, such as a hospital. Agencies can be held accountable for the negligence of their employees if the actions of that agency can be linked to your injury.

To move forward, a medical malpractice claim must typically meet the following qualifications:

• The provider has a legal duty to treat the patient
• The standard of care was violated
• A violation of the standard of care is directly linked to the injury or death
• The injury caused significant financial losses

The premier attorneys at Gideon Asen have the skills and experience to fully evaluate your malpractice claim and confirm whether these criteria have been met.

Perhaps the most difficult part of a medical malpractice case to prove is that a medical provider intentionally failed to meet the standard of practice. An accident, like forgetting or miscommunicating the need for a certain test, is not considered malpractice.

On the other hand, if a provider intentionally didn’t order a test because they didn’t believe the patient’s complaints or thought the extra effort was unnecessary, they could be found liable for medical malpractice.

Most malpractice cases reach a settlement without a court trial. In those instances when a fair settlement can’t be negotiated, a case will be tried in front of a judge and possibly a jury. When this happens, you need experienced Gideon Asen trial lawyers to represent your interests.

We can present evidence, offer expert witness testimony, and cross-examine opposing witnesses. Going to trial can come with certain risks, so we can evaluate the details of your situation to recommend whether settling or litigating your case is the best option for your needs.